Arbitrator bans press form hearing
a ruling from American arbitrator Mr. Arnold Zack.
Sacked Grotto Bay waiters Mr. Glen Goater and Mr. Junior Williams, as well as current dining room staff, were due to testify.
Mr. Zack, chairing his first disputes board in Bermuda, said he initiated the ban. The ruling ended Press coverage of what began on Wednesday as a public hearing into the mid-July dispute work stoppage at the hotel.
"It follows the US practice to protect private individuals who testify,'' Mr.
Zack said.
But when asked whether both sides were for the move, Bermuda Industrial Union leader Mr. Ottiwell Simmons MP said: "The union is not altogether happy about it.'' The hotel side, led by lawyer and Grotto Bay shareholder Mr. Charles Vaucrosson, had no comment.
"He's made his decision. He runs the show,'' Mr. Vaucrosson said afterwards.
It is understood one of the concerns was that BIU witnesses who once worked at Grotto Bay might be labelled trouble makers, which could affect their new jobs if their names were disclosed.
Nevertheless, Mr. Simmons urged The Royal Gazette to fight for freedom of the Press.
But Labour Minister the Hon. Irving Pearman said the Act creating the Trade Disputes Board gave the chairman the right to run the hearing the way he wanted and to make his own rules.
Once the dispute's terms of reference had been handed to the board members, it was out of his hands, Mr. Pearman said. But, he added, he would look into the matter.
A clause in the Trades Disputes Act says the tribunal "may regulate its procedure and proceedings as it thinks fit''.
Also serving on the board are former hotelier Mr. Gordon Asbury and Senate president the Hon. Albert Jackson.
Mr. Zack made the ruling before the start of yesterday's hearing. He told The Royal Gazette that rules barring the electronic media had now been extended to include the printed press.
The hearing is being held to settle disputes over whether union recognition exists at Grotto Bay and over the firing of Mr. Goater and Mr. Williams.
It is the second arbitration hearing on the union recognition issue. The board presiding over the first hearing ruled that as of February 24, 1991, when the 1988-1991 collective agreement expired, the union no longer had any standing at the hotel.
But Grotto Bay workers unhappy over working conditions at the hotel, especially the scrapping of the mandatory tipping system, staged a strike.
After Government stepped in, they agreed to go back to work and try their luck before a second board.
On day one of the hearing, Mr. Simmons hinted at bias on the part of the first board's chairman, local lawyer Mr. Michael Mello, because his firm represented two of the hotel's shareholders.
Mr. Simmons said in his opening remarks: "We ask your board to rule that the BIU has good, proper, legitimate and legal standing at Grotto Bay Hotel.'' He further invited the board to find the hotel was "not under full management'', being run to some extent by the Board of Directors.
The hotel team of Mr. Vaucrosson, resident manager Mr. Clyde Darrell and board director Mr. Randolph Dowling claimed the hotel had legally stopped recognising the union and the BIU had no business representing its workers at the hearing.
He said the BIU apparently still failed to understand workers did not have a right to union recognition.
The media will also be barred from the hearing today when dining room staff testimonies continues.
